Opinion
C.A. No. 04C-11-167-JRJ.
February 12, 2008.
Upon Defendant Zurich American Insurance Company's Motion for Summary Judgment on Remand: DENIED.
ORDER
This 12th day of February, 2008, it appears to the Court that:
In its renewed motion for summary judgment, ATT Insurer, Zurich American Insurance Company, seeks a ruling that the Prior Acts Exclusion contained in its Excess Directors and Officers Liability and Reimbursement Policy, which is one of the policies in the 2001 ATT Program, bars coverage for Leykin and Williams.
For factual and procedural background of this case, see ATT Corp. v. Faraday Capital Ltd., 918 A.2d 1104 (Del. 2007).
Zurich argues that because this Court has already ruled that the policy language of its Prior Acts Exclusion is enforceable against ATT, and the Delaware Supreme Court's February 5, 2007 decision does not change that determination, no genuine issue of material fact exists. It further argues that it is entitled to relief regardless of the number of Claims because "all or any part of [ATT's wrongful acts] were committed, attempted or allegedly committed or attempted prior to July 9, 2001." As the Court noted in its January 17, 2008 Opinion, the Court is going to let the jury decide how many separate Claims are asserted in Williamson and Leykin. The jury will also decide whether Zurich's Prior Acts Exclusion bars coverage for any of those Claims.
Joint Defense ("J.D.") Ex. 11 (Zurich Policy No. DOC 381866700).
ATT v. Clarendon America Ins. Co., 2008 WL 250550 (Del.Super.).
IT IS SO ORDERED.
ORDER
AND NOW TO WIT, this _12th__ day of February, 2008, the Court having duly heard and considered the At Homes Insurers' Motion for Partial Summary Judgment on Plaintiff's Claims for Coverage for the San Mateo, Williamson, Leykin, James and Ventura Actions under the 2001 At Home Program, and ATT Corporation's opposition thereto, IT IS HEREBY ORDERED THAT the Motion is DENIED.